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Tripartite Agreements - Three is Company
  • McCarthy Tétrault LLP
  • Canada
  • August 15 2017

Direct agreements or tripartite agreements are often an important feature of financings involving ground leases or single tenants, as well as in


The Anti-Avoidance Blues: Does a Foreigner’s Title Nominee Share Purchase Constitute an “Avoidance Transaction”?
  • McCarthy Tétrault LLP
  • Canada
  • August 8 2017

On August 2, 2016, the Province of British Columbia enacted amendments to the Property Transfer Tax Act (British Columbia) (the “Act”) which


Alberta Court clarifies ranking of linear property tax claims
  • McCarthy Tétrault LLP
  • Canada
  • July 28 2017

A recent unreported decision in the Alberta Court of Queen’s Bench has clarified the ranking of certain municipal tax claims against a bankrupt in


Clarifying the role of regulatory tribunals in consultation - Canada’s highest court releases two key Aboriginal consultation decisions
  • McCarthy Tétrault LLP
  • Canada
  • July 26 2017

On July 26, 2017, the Supreme Court of Canada (SCC) released its decisions in Hamlet of Clyde River, et al. v. Petroleum Geo-Services Inc. (PGS), et


A Mining Claim is not an “Interest in Land” - Ontario Court Dismisses Expropriation Claim
  • McCarthy Tétrault LLP
  • Canada
  • July 25 2017

In the decision of 1520658 Ontario Inc. v. Her Majesty the Queen, 2017 ONSC 4141 released earlier this month, Justice Goldstein of the Ontario


Commercial Condo Purchaser Tips
  • McCarthy Tétrault LLP
  • Canada
  • July 25 2017

With the continued exponential growth in mixed use developments which often take the form of separate components subject to condo declarations and in


OSFI Guideline B-20: Residential Mortgage Underwriting Practices and Procedures
  • McCarthy Tétrault LLP
  • Canada
  • July 14 2017

On July 6, 2017, the Office of the Superintendent of Financial Institutions (OSFI) released draft changes (Draft Amendments) to Guideline B-20 -


Sale Lease Back Musings
  • McCarthy Tétrault LLP
  • Canada
  • June 22 2017

As many companies, particularly retailers, seek to monetize assets or at least leverage valuable real estate assets, we are witnessing increased


Licences and Easements - A Distinction with a Big Difference
  • McCarthy Tétrault LLP
  • Canada
  • May 26 2017

Licenses and easements are not the same thing! Depending on the rights you wish to convey, there is an important distinction between the two, which


Can a Party get Special Costs based on Pre-Litigation Conduct?
  • McCarthy Tétrault LLP
  • Canada
  • May 24 2017

In Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177, the BC Court of Appeal considered whether special costs can be awarded based on